Getting fired.

Something to think about. I got fired when I was pregant and missing work due to morning sickness. I was sick for about four months and missed work. When I was there I was in the restroom often. Reviews came up at my height of being sick and I got a poor review. I had always gotten wonderful reviews before. They told me because of the poor review they would have to let me go.
Looking back there was another girl who left shortly before me. I found out since that she was let go at the time because of missing work due to morning sickness. There was another girl who left shortly before me who was also pregnant at the time. Then I ran into another girl who got fired right after me. Guess what? Another one let go because of morning sickness.
How can this be fair? It's not, but it's how HOme Depot evidently runs things.
Things that make you go hmmmmm!

gladtobegone said: Something to think about. I got fired when I was pregant and missing work due to morning sickness.
Looking back there was another girl who left shortly before me. I found out since that she was let go at the time because of missing work due to morning sickness. There was another girl who left shortly before me who was also pregnant at the time. Then I ran into another girl who got fired right after me. Guess what? Another one let go because of morning sickness.

If this is true, and you worked full-time for more than a year, you were probably entitled to FMLA and there may be a legal issue here. Also, the Pregnancy Discrimination Act may be a big issue here, especially if there's a pattern of mistreating pregnant women. If what you say is true, and you think the other women's stories are credible, you might want to see an attorney.

Employers do not have to accomodate you when you are sick. The Family Medical and Leave Act only requires to protect your position if you've been with the company a minimum of twelve months. Anytime before that if you miss work for whatever reason you are not fullfilling your job responsibilites whether they are fulltime or partime. Hope this answers your question. I hope your baby is healthy and you've found new employment. Good luck.

I know. I was with them for over two years.
Thank you for your kind words about my now pre-schooler. lol

Yes, what I said was true. I have no reason to state otherwise. My main point was that this appears to be a pattern with HD. It's sad that pregant women are being treated like this. I was angry and hurt since like I stated before I was always a very willing employee.
I thought about getting an attorney when it first happened. This was five years ago.

gladtobegone said: Something to think about. I got fired when I was pregant and missing work due to morning sickness. I was sick for about four months and missed work. When I was there I was in the restroom often. Reviews came up at my height of being sick and I got a poor review. I had always gotten wonderful reviews before. They told me because of the poor review they would have to let me go.
Looking back there was another girl who left shortly before me. I found out since that she was let go at the time because of missing work due to morning sickness. There was another girl who left shortly before me who was also pregnant at the time. Then I ran into another girl who got fired right after me. Guess what? Another one let go because of morning sickness.
How can this be fair? It's not, but it's how HOme Depot evidently runs things.
Things that make you go hmmmmm!

I am going through this right now! I have been missing work and late to work by a few minutes do to morning sickness and now I might get fired. Doesn't Home Depot care about people?!
I should not have to worry about getting fired right now. Don't they know right now is the time I need a job? Hell! How am i supposed to pay to have this baby with no job?!!! The stress from the thought of losing my job is driving me crazy! HELP!!

They go on a point system and 10 points period you are let go. My store manager says he has to wait to see what corporate says before I know If im termanited or not and that it's not up to him. Is this discrimation? I can't help that Im not feeling well. Most of the time i had to pull over on my way to work because I was so sick and that is what made me late. I think termantion at Home Depot should be based on other things besides if your late/call out and recieve 10 points-your a gonner. Why can't it also be based on your perfomance? I was a damn good associate.

i have never been pregnant and yes i am female lol but i heard b4 i started at hd that there was this girl that was pregnant and they HAD 2 terminate cuz she was always sick hd sux when it comes to the employees problems i think its time 2 go on strike

In that case, you should file a claim with the EEOC office. If you were there for more than a year and worked me than 1250 hrs during that year, you were eligible for FMLA and should have beed advised of your rights. Since there seems to be more cases, you all could have a class action against them.

Sascha said: I am going through this right now! I have been missing work and late to work by a few minutes do to morning sickness and now I might get fired. Doesn't Home Depot care about people?!
I should not have to worry about getting fired right now. Don't they know right now is the time I need a job? Hell! How am i supposed to pay to have this baby with no job?!!! The stress from the thought of losing my job is driving me crazy! HELP!!

Get a note from your doctor - ASAP. Explain the situation and your doctor should craft a note that will help protect your employment. I had a similar sitation 15 years ago with another large corporation. I was let go when I was 6 months pregnant (which, in hind-sight, was the best thing to happen to me, since the job was creating a lot of stress for me.)

Companies need to make accommodations for their employees health and well-being; particularly if they are insistant upon hiring young females of child-bearing age.

FMLA (Family Medical Leave Act) is in place to assist employees unable to work due to a medical condition. Pregnancy would fall under this. In these cases an intermittent FMLA claim could have been filed and your job protected.

Thank You everyone for your help. I went up the chain of command and had a nice talk with the district manager. That seemed to have saved my job before my store managers had a say in it After it is all said and done with I will be looking for a new job after the baby is born. The stress I had went through was just not worth staying around for a while.

gladtobegone said: I would like to add (since I am not sure how to edit) from my first post... I didn't miss four months steady I was out off and on during the four months.

I agree that you MAY have a case but if you were not performing YOUR job you must take responsibility for your actions. Discriminating on pregnant employees is illegal but you should have taken a leave of absence if you were sick all of the time. It is not like you were at work anyway.

Legal_Issues said:I agree that you MAY have a case but if you were not performing YOUR job you must take responsibility for your actions. Discriminating on pregnant employees is illegal but you should have taken a leave of absence if you were sick all of the time. It is not like you were at work anyway.

Sounds to me we have a corporate lawyer among us?? Think about this not everyone can afford to take a leave of absence. So should an individual live off the system, or try to make a go at an honest living?? Case or not - these laws were established for a reason. Alot of corporations have been pulling some shady stuff and it needs to stop.

There are laws in place to protect you from getting fired for medical conditions. However, there are so many gray areas, that if an employer (or crafty manager) decides they want you out, there are ways of doing it legally. Whether or not it's ethical is subjective.

Perhaps another recommendation would be to contact the local chapter of BOLI (Bureau of Labor and Industry). Even though Sascha's talked with a district manager, keep in mind - HR people are not YOUR friend, they're the company's friend and their interest will be in avoiding a lawsuit; particularly if they realize they could be at fault.

Maybe you were fired because you were NOT DOING YOU JOB!!! That's the purpose of you being their EMPLOYEE!! Just because you got yourself pregnant doesn't mean that a company should be forced to hold your position for you until your are ready to DO YOUR JOB. No. Job's have to be done and someone has to do them. If not you then someone else. Stop using pregnancy as an excuse for laziness!!!!

Sick of Stupid People!!!in Milwaukee, Wisconsin said: Maybe you were fired because you were NOT DOING YOU JOB!!! That's the purpose of you being their EMPLOYEE!! Just because you got yourself pregnant doesn't mean that a company should be forced to hold your position for you until your are ready to DO YOUR JOB. No. Job's have to be done and someone has to do them. If not you then someone else. Stop using pregnancy as an excuse for laziness!!!!

Haaa! Good way to put it. Got myself pregnant? That is hilarious stuff, really.
You have no idea what I do now, so unless you know more facts about me you shouldn't call me lazy.
I will ignore you because you are obviously ignorant.
Go back to your hole now. You are not wanted here.

Sick of Stupid People!!!in Milwaukee, Wisconsin said: Maybe you were fired because you were NOT DOING YOU JOB!!! That's the purpose of you being their EMPLOYEE!! Just because you got yourself pregnant doesn't mean that a company should be forced to hold your position for you until your are ready to DO YOUR JOB. No. Job's have to be done and someone has to do them. If not you then someone else. Stop using pregnancy as an excuse for laziness!!!!

These kind of sentiments do not foster productive discussion. Pregnant women are granted legal protections from this kind of discrimination on federal state and local levels. Pregnant women are doing the "job" of creating a future labor force for these companies to employ and future consumers for them to market to. Without babies being born we would not have an economic future. If we are going to expect "everyone" to work then we need to make it possible for future parents to contribute without fear of termination. What steps can be taken to do this?

Sick of Stupid People!!! in Milwaukee, Wisconsin said: Maybe you were fired because you were NOT DOING YOU JOB!!! That's the purpose of you being their EMPLOYEE!! Just because you got yourself pregnant doesn't mean that a company should be forced to hold your position for you until your are ready to DO YOUR JOB. No. Job's have to be done and someone has to do them. If not you then someone else. Stop using pregnancy as an excuse for laziness!!!!

That was incredibly harsh. This sounds like a corporate employer with nothing better to do than rag on emotional, physically drained pregnant women who deserve to be taken seriously. If something happened to your boys, everyone would be hearing about it.

Rick Rice in Pittsburgh, Pennsylvania said: All of you should go togather
GO TO THE FEDERAL EEOC

Yes, go to the EEOC and ask them to add you to the investigation going on right now regarding gender discrimination in the Atlanta SSC. The sex discrimination claim was filed on July 21, 2006 - there is an investigation going on right now. You would not believe how prevalent this is.

The funny thing is: Depot doesn't pay for contraception even though there are State and Federal laws set up to make sure that they do. Some loophole, I'm sure, or just another big company breaking the rules. The Good Ol' Boy Network (see the Director L-ngone's "Directorship Magazine" article where he admits that Depot has had a Good Ol' Boy Network in effect in their hiring - you can do a web search to find it) and XXX did nothing to change it and allowed it to continue, in my opinion.

If you are a THD worker who feels that they have been discriminated against, join the claim. With so many past discrimination suits and settlements, 104MM in Colorado in 2002 and other large amounts, you would think that the SSC would get their act together and get rid of the pernicious and hostile working environment for women. If you are in the Stores, don't expect any help from the SSC regarding a discrimination claim - they will do everything they can to hide it under the carpet, "lose" your claim, ignore you and begin to investigate you so to find some pretense to end your employment. Why don't the shareholders AND THE FEDERAL GOVERNMENT require hiring and pay information (including bonuses) to be revealed? Depot is again a "government contractor", so they are not exempt from disclosing this information.

There is a claim and investigation with the EEOC regarding hostile work environment including coercion in quid pro quo sexual harassment and subsequent retaliation, limitations on job opportunity and threats of violence by ex and current corporate officers and employees of The Home Depot.

The claim also addresses pay, bonus, position, advancement and opportunity disparities which are claimed to apply to female employees at The Home Depot SSC.

If you have any claim you would like to make, I suggest that you add your claim to the one filed on July 21, 2006 in the Atlanta EEOC office.

If you are a female who feels that you have been discriminated against, coerced into a sexual relationship or physically assaulted, threatened or derided by co-workers or even officers of THD, do not shy away from reporting it to the EEOC. There are MANY female employees affected. Even if you are married. Even if you are a single mother. Even if you fear retaliation. Even if you plan to leave of your own accord anyway.

Please take the time to care for our daughters, sisters and fellow female co-workers by making your claim if you feel that you have been treated differently because you are female. The form is a simple, one page form that you can order sent to your home or online at www.eeoc.gov/publications.html and can be mailed from the security of your home. Through threats and coercion, many have decided to keep silent, which only causes negative behaviors to continue. You might also wish to peruse the eeoc.gov website to gain insight as to what the laws are regarding federal contractor reporting, sexual harassment, gender and pregnancy discrimination.

You can reach me at homedepotwomen at gmail dot com if you want to discuss your claim. Even if you can't legally make a claim because you left the company voluntarily, your written testimony may be of great use.

Not HD, but when my children were small, I had a female supervisor write me up because I had to take some time off with a sick child more often that I would want. Of course day care won't take them if there is even a hint of the sniffles, so I had to stay with them. She (the CHILDLESS by choice) supervisor told me that when her kitten was sick she wanted to stay home with her, but she came in to work anyway!!!

With respect to your question and comment about HD not being sensitive to your condition and needs, I say GROW UP. They are a business and should and are more concerned about doing business and employing people that can serve their customers. They are not suppose to adjust their operations to make life more convenient for you. Sorry, but that's the reality. You would do the same if you owned the business.

Eli- Please don't put words in my mouth! I would not do that if I owned a business. By the sounds of things you would. Getting rid of women because they are pregnant is simply not right. It would be no different if I were a man and was having trouble with something like my back. Obviously, you are one of those people who are narrow minded..
Thanks for your useless input though and have a wonderful day!

The problem is that when you are out sick a lot due to pregnancy, or to take care of your sick child, then your responsiblities fall to someone else who is there all the time. The work has to get done somehow.

At the company where I used to work, pregnant women and working mothers got many more privelges than those who were neither. While they were home taking care of their families, it was expected that the single, childless women would work longer hours to pick up the slack.

gladtobegone in Bangor, Maine said: Something to think about. I got fired when I was pregant and missing work due to morning sickness. I was sick for about four months and missed work. When I was there I was in the restroom often. Reviews came up at my height of being sick and I got a poor review. I had always gotten wonderful reviews before. They told me because of the poor review they would have to let me go.
Looking back there was another girl who left shortly before me. I found out since that she was let go at the time because of missing work due to morning sickness. There was another girl who left shortly before me who was also pregnant at the time. Then I ran into another girl who got fired right after me. Guess what? Another one let go because of morning sickness.
How can this be fair? It's not, but it's how HOme Depot evidently runs things.
Things that make you go hmmmmm!

I agree with you that pregnant women are being treated unfairly. I am going through this experience as I write this. Pregnant with my first child, sick and out of sick time, been with my company for over a year, and they are now looking at me sideways because I am nauseated. I am not sure what to do.

im trying to find out if it posible for my employer to disapline me for my sickness levels. I have been through 2 yrs of fertility treatment, i got pregnant 9mths ago but lost it as it was ectopic and i am now finally pregnant again (have seen the heatbeat!!! all is well) but i am suffering from terrible sickness. My overall sickness record is not that good due to absece relating to my fertility treatment of which my employers are aware and have been reasonably supportive. I have recently been off sick for 2 weeks due to abdominal pains in ealy pregnancy and sickness, sonogram says the babys fine thank god, I returned to work for 1 day and have been off again due to morning sickness yesterday and today. I am worried they will turn around and say youve been off sick too much we must sack you, is this allowed??

As the mother of 5 who has worked all my life, I think I can make a comment about pregnancy and working. I worked for different companies during my pregnancies and worked until the night before I delivered so I know how hard it can be but I also understand that the employer has to have someone to do the job. Asking or expecting my co workers to constantly pick up my slack didn't seem fair then and wouldn't seem fair now. FMLA is good to a point but you have limited days which you should be using once the baby is born or in case your physician orders you to stop working early. FMLA is only for those who have been with the company 1 year or more so that also plays into it.
People are always demanding rights and privileges but maybe that is why so many of us are finding our jobs going to illegals who won't complain about pregnancies and morning sickness. Sorry, you are sick but if it interferes that much with your work, you should look into short term disability or a better solution to your morning sickness.
I had morning sickness so I asked to be transfered to night shift.
I worked housekeeping during my first 3 children and did what needed to be done to help my husband and my children put food on the table. No one was going to clean hospital rooms for me, no one was going to step in and take over the floor machines for me, just as no one was going to take on the labor of child birth for me.
We all make life choices but we shouldn't expect others to constantly accommodate us.

Tanya in Tampa, Florida said: As the mother of 5 who has worked all my life, I think I can make a comment about pregnancy and working. I worked for different companies during my pregnancies and worked until the night before I delivered so I know how hard it can be but I also understand that the employer has to have someone to do the job. Asking or expecting my co workers to constantly pick up my slack didn't seem fair then and wouldn't seem fair now. FMLA is good to a point but you have limited days which you should be using once the baby is born or in case your physician orders you to stop working early. FMLA is only for those who have been with the company 1 year or more so that also plays into it.
People are always demanding rights and privileges but maybe that is why so many of us are finding our jobs going to illegals who won't complain about pregnancies and morning sickness. Sorry, you are sick but if it interferes that much with your work, you should look into short term disability or a better solution to your morning sickness.
I had morning sickness so I asked to be transfered to night shift.
I worked housekeeping during my first 3 children and did what needed to be done to help my husband and my children put food on the table. No one was going to clean hospital rooms for me, no one was going to step in and take over the floor machines for me, just as no one was going to take on the labor of child birth for me.
We all make life choices but we shouldn't expect others to constantly accommodate us.

Hi, how would I go about getting short term disability and what does it intail? My work does not do night shifts the latest shift they offer is 11am-7pm and that is what i am doing. I want to be able to contribute to my family when and before the baby does come, i otherwise would have left my job already if that was not my plan. do you know if my workplace are allowed to disapline me?

Hi. Well I recently went through the same thing with missing multiple days of work and being sick on the job. My job finally told me (which should have been apparent) that I am entitled to the Family Medical Leave Act. Because I am out of sick and vacation days, any future absences will be covered under this act. Now, I won't get paid for the days I miss (even though I am salaried), but at least they can't fire me for missing days. The catch is, that if you come to work and cannot perform up to their standards because you are feeling icky, they can fire you. That would be more performance-based. So, to be company for you, I am pretty sick today, and at work. Everyone is looking at me kind of strangely. Guess I should've stayed home.

In response to Tanya from Tampa's comment, some of us actually have "all day" sickness. I don't even know why it's called "morning" sickness. We do make life choices, but we don't always know how our pregnancies will be. Some breeze right through, and some suffer right through. Well, this is my first pregnancy and it's whipping my butt. I speak in support of
"gladtobegone". One day I will have my own business or nonprofit, and when I do, I will be very sympathetic to female workers in this stage of their life. My current boss is married with no children, and she thinks that kids are dirty and disgusting. This is the person who I seek support from!?! I think people are insensitive and I think the whole "get over it" attitude is just not helpful. Thanks.

Can't Remember in Willingboro, New Jersey said: Hi. Well I recently went through the same thing with missing multiple days of work and being sick on the job. My job finally told me (which should have been apparent) that I am entitled to the Family Medical Leave Act. Because I am out of sick and vacation days, any future absences will be covered under this act. Now, I won't get paid for the days I miss (even though I am salaried), but at least they can't fire me for missing days. The catch is, that if you come to work and cannot perform up to their standards because you are feeling icky, they can fire you. That would be more performance-based. So, to be company for you, I am pretty sick today, and at work. Everyone is looking at me kind of strangely. Guess I should've stayed home.[/QUOTE

hi

i feel for you, its horrible feelin crappy, thanks for the info, much appreciated xx

To Tanya- I am glad that you could change your work time to another shift so you could stil manage to work. In my case that would not work since the only shift I could have worked for overnight would require heavy lifting and that sort of stuff. I am sure that I would have been in a worse case than I was. Especially being sick (24/7) and trying to get used to a different work schedule. I also did not expect my co workers to pick up my slack. I showed up most days although you tend to not get much work done when you are vomiting every twenty minutes. I was in the hospital three times in the first four months due to morning sickness as well, but that really is not the point here so I will not go into details.
Mainly my point is that the way they went about firing me is truly unethical...I was younger and naive and didn't realize the details about FMLA or I would have been all over it. That is my own ignorance I will admit. They knew my situation and I talked to the managers and higher up people about what was going on. No one mentioned the FMLA to me. I could have used that. I had been getting wonderful reviews and then they re-vamped their guidelines and got a below average review on my next review.. Anyone who got a poor review got the boot.
Then to find out later that they had let more pregant women go before me and after me says something about the way they handle things don't you think?

Harris in Lake In The Hills, Illinois said: Sounds to me we have a corporate lawyer among us?? Think about this not everyone can afford to take a leave of absence. So should an individual live off the system, or try to make a go at an honest living?? Case or not - these laws were established for a reason. Alot of corporations have been pulling some shady stuff and it needs to stop.

If you are disabled you can file for short term disability. Your doctor has to sign off on it but it can be done if medically necessary. You will get some monetary compensation depending on the type of disability insurance your employer signed on for. I am not an attorney or a human resource professional just someone who was out of work due to a medical condition for 2 months and received a small check.

Sick of Stupid People!!! in Milwaukee, Wisconsin said: Maybe you were fired because you were NOT DOING YOU JOB!!! That's the purpose of you being their EMPLOYEE!! Just because you got yourself pregnant doesn't mean that a company should be forced to hold your position for you until your are ready to DO YOUR JOB. No. Job's have to be done and someone has to do them. If not you then someone else. Stop using pregnancy as an excuse for laziness!!!!

You seem to be the only ignorant one on this discussion. If you are not at work due to illness -- they cannot say that you are not doing your job -- that is how it works per the government. AND pregnant woman are protected -- and for you to make such disrespectful remarks makes you A) a male who cries at his first sniffle, or B) a woman who just doesn't like pregnant women. Either way, you have major issues.

The Pregnancy Discrimination Act is an amendment to Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII, which covers employers with 15 or more employees, including state and local governments. Title VII also applies to employment agencies and to labor organizations, as well as to the federal government. Women who are pregnant or affected by related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations.

All I want to say to all the women who have been let go due to pregnancy file a formal complaint with the EEOC and make it known -- the more that file, the bigger the issues that HD will be faced with and hopefully, you can be compensated. For those who are pregnant -- print out the Title VII regarding pregnancy and keep it in your purse and if there comes a day that they say they have to let you go -- hand it over to your boss, then take a copy to your boss' boss. Make sure that they are fully aware that you know the laws that protect you and what rights you have. Some may call your bluff BUT do not bluff -- ACT! If they let you go -- you have NOTHING to lose and if they are smart enough to realize that you are aware of your rights, they will make the necessary concessions. Yes, it can be scary, but in the end, you will realize just how strong you really are. I have been in a similar situation and I walked away proud because I stood up for myself and showed no fear. When you are pregnant, it will be you standing up for you and your baby! If you don't feel strong enough for yourself, think of your child. You deserve to be treated with the same respect and dignity as any other person who has limitations due to health -- and pregnancy doesn't last a lifetime. It is truly a shame that this world has lost its way when it comes to woman and the future of our children. Afterall, no man can do it! and there is a reason why.

Legal_Issues in Gaffney, South Carolina said: I agree that you MAY have a case but if you were not performing YOUR job you must take responsibility for your actions. Discriminating on pregnant employees is illegal but you should have taken a leave of absence if you were sick all of the time. It is not like you were at work anyway.

You sound like a manager, she did not know she was going to be sick that whole time, and people need a paycheck especially when you are preparing to have a baby. I think people are just heartless and only care about the bottom line. Themselves

I agree. I had no idea I'd be this sick with my pregnancy and I had no idea that my company who is so "pro-family" would treat me like a common Schmoe who hasn't performed her duties for over a year. Thankfully, I still have my job, but I don't trust my company one bit. At any time, they can say, "you look too miserable, we need you not to look so sick when you work. We gotta let you go."

Ladies (and the occasional gent) who agree, what else can we do? Can we revisit laws or fight for new ones? Because most of the people complaining about our belly woes, had mommas who went through the same thing. Where would they be if their mothers didn't carry them to term, through the ups and downs? My personal answer is to start my own business, but everyone doesn't have that option right now. So let's continue to stick together.

I was also let go b/c of medical problems. I always called in and was never late b/c of my sickness. I went in for our store meeting on Sunday morning and went and wrote my schedule down for the following week. I was a Head Cashier and had never wrote my schedule down wrong. They had me scheduled off for Monday & Tuesday. When I went into work after being off Mon. & Tues. they said I was scheduled to work & terminated me for job abandonment!!! That was the only reason they could find to fire me b/c I had Drs. excuses for my medical problems....so they couldn't fire me for that.

I was fired for taking time for a sick child. I didn't work for HD but a national company. The manager was a woman. She was not management material and favored the long time employees. But from a business standpoint. It is understandable to have to let people go for missing work. You have to find replacements. Being raised in family businesses I can not tell you how many 16-18 hour days I worked due to sick employees. The store needs to be covered whether you are pregnant or not.

I worked for a natural food distributor also. I ended going out on the FMLA for surgery..They call and harrassed me to come back to work at 4 weeks. I got a release to go back for up to 32 hours a week. They immediately scheduled me for my 32 hours and handed all 88 of my accounts back to me. I had a toatal hystrarecotomy (sorry spelling)..I lasted 4.5 hours the first day and an hour and half the next. I told them that I just couldn't work all those hours it was too much. I ended up being diagnosed with Fibromyalgia. I had doctors notes and medical documents. They fired me but I sued. I got a settlement. It would have been much bigger but the doctors note did not state that I needed further testing. Make sure the doctors notes are exactly what is needed and state all facts about your illiness..Good luck. There are limits to the FLMA like 12 weeks or such. Check to see if it can be extended if problems arise.